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Red flag laws get little use as shootings soar

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A police officer walks down Central Ave in Highland Park, Ill., on July 4 after a shooter fired on a Chicago Fourth of July parade. Chicago is one of the nation's gun violence hotspots and a seemingly ideal place to employ Illinois' "red flag” law that allows police to step in and take firearms away from people who threaten to kill. But amid more than 8,500 shootings resulting in 1,800 deaths since 2020, the law was used there just four times. Associated Press file photo

Chicago is one of the nation's gun violence hotspots and a seemingly ideal place to employ Illinois' "red flag" law that allows police to step in and take firearms away from people who threaten to kill. But amid more than 8,500 shootings resulting in 1,800 deaths since 2020, the law was used there just four times.

It's a pattern that has played out in New Mexico, with nearly 600 gun homicides during that period and a mere eight uses of its red flag law. And in Massachusetts, with nearly 300 shooting homicides and just 12 uses of its law.

An Associated Press analysis found many U.S. states barely use the red flag laws touted as the most powerful tool to stop gun violence before it happens, a trend blamed on a lack of awareness of the laws and resistance by some authorities to enforce them even as shootings and gun deaths soar.

AP found such laws in 19 states and the District of Columbia were used to remove firearms from people 15,049 times since 2020, fewer than 10 per 100,000 adult residents. Experts called that woefully low and not nearly enough to make a dent in gun violence, considering the millions of firearms in circulation and countless potential warning signs law enforcement officers encounter from gun owners every day.

"It's too small a pebble to make a ripple," Duke University sociologist Jeffrey Swanson, who has studied red flag gun surrender orders across the nation, said of the AP tally. "It's as if the law doesn't exist."

"The number of people we are catching with red flags is likely infinitesimal," added Indiana University law professor Jody Madeira, who like other experts who reviewed AP's findings wouldn't speculate how many red flag removal orders would be necessary to make a difference.

The search for solutions comes amid a string of mass shootings in Buffalo, N.Y., Uvalde, Texas, and Highland Park, Ill., and a spike in gun violence not seen in decades: 27,000 deaths so far this year, following 45,000 deaths each of the past two years.

AP's count showed wide disparities in how the laws were applied from state to state, county to county, most without regard to population or crime rates.

Florida led with 5,800 such orders, but that is due mostly to aggressive enforcement in a few counties that don't include Miami-Dade and others with more gun killings. More than a quarter of Illinois' slim 154 orders came from one suburban county that makes up just 7% of the state's population. California had 3,197 orders but was working through a backlog of three times that number of people barred from owning guns under a variety of measures who had not yet surrendered them.

And a national movement among politicians and sheriffs that has declared nearly 2,000 counties as "Second Amendment Sanctuaries," opposing laws that infringe on gun rights, may have affected red flag enforcement in several states. In Colorado, 37 counties that consider themselves "sanctuaries" issued a fifth fewer surrender orders than non-sanctuary counties did per resident. New Mexico and Nevada reported only about 20 orders combined.

"The law shouldn't even be there in the first place," says Richard Mack, a former Arizona sheriff who heads the pro-gun Constitutional Sheriffs and Peace Officers Association. "You're taking away someone's property and means of self-defense."

Red flag laws, most of which came into effect over the last four years, allow police officers who believe gun owners are an imminent danger to themselves or others to petition a judge to order firearms surrendered or, barring that, seized for an "emergency" period, typically two weeks. The judge can then convene a court hearing in which petitioners present evidence to withhold weapons longer, typically a year, and the owner can argue against that.

Some states also allow family members of gun owners, school officials, work colleagues or doctors to ask for gun removal orders — also known as extreme risk protection orders. But data reviewed by the AP show nearly all petitions were initiated by police, possibly because, as several surveys have shown, few people outside law enforcement are even aware the laws exist.

The recent spike in shootings has brought renewed attention to red flag laws, with states including Alaska, Pennsylvania and Kentucky introducing legislation to add them. The Biden administration is seeking to foster wider use of red flag laws by allocating money in a newly passed federal gun law to help spread the word about such measures.

An AP-NORC poll in July found 78% of adults strongly or somewhat favor red flag laws, but the backlash against them has been intense in some states, particularly in rural areas. Opponents argue that allowing judges to rule on gun seizures in initial emergency petitions before full hearings violates due process rights, though court cases claiming this have generally found the laws constitutional.

Many police believe seizing guns also can be dangerous and unnecessary, even as a last resort, especially in sparsely populated areas where they know many of the residents with mental health issues, said Tony Mace, head of the New Mexico Sheriffs' Association, which lobbied against the state's law.

"You're showing up with 10 to 15 law enforcement officers and coming in the middle of the night and kicking in the door, and it's already a dangerous environment," said Mace, sheriff of Cibola County, a sanctuary county with just one order since 2020. "You're dealing with someone in crisis and elevating it even more."

One fierce gun rights defender who still aggressively uses the law is Polk County, Fla., Sheriff Grady Judd, who says he doesn't let his beliefs stand in the way of moving fast when gun owners threaten violence.

"We're not going to wait for another Uvalde, Texas, or a Parkland or a Columbine if we have the information and people say that they're going to shoot or kill," said Judd, who enforced 752 orders since 2020 in a county of 725,000 residents, a tally that's more than the total orders for 15 entire states. "We're going to use the tools that the state gave us."

Florida's traditionally pro-gun Republican-led legislature passed its red flag law in 2018 following revelations police failed to act on repeated threats by an expelled student who would go on to carry out the shooting at Marjory Stoneman Douglas High School in Parkland earlier that year that left 17 people dead.

A recent high-profile example of a red flag law not being used was for the 21-year-old gunman accused of fatally shooting seven people and injuring dozens more at a Fourth of July parade in the Chicago suburb of Highland Park. Robert E. Crimo III drew police attention three years earlier when he threatened to "kill everyone" in his house and officers acknowledged going to the home several times previously because of a "history of attempts" to take his own life.

But police never requested a gun surrender order, saying there was no gun belonging to Crimo to take away at the time, even though the law has a provision to block threatening people from making future purchases.

Asked why Chicago had so few red flag firearm restraining orders, police spokesman Thomas Ahern said many of the city's gun killings are committed with illegally owned firearms.

But Ahern emphasized it remained a priority of the department to increase its awareness and use of the red flag law. "If we are able to prevent one citizen from getting hurt or killed that's a law worth having and definitely not a low priority," he said.

Payton Gendron was a 17-year-old high school senior last year when he was investigated by New York state police and ordered hospitalized for a mental health evaluation for saying in an online class that his future plans included "murder-suicide." But since he was a minor, he wasn't covered under the state's red flag law and it didn't prevent him from later buying the high-powered rifle authorities say he used to kill 10 Black people in a racially motivated shooting at Buffalo supermarket in May.

Since then, New York has seen 779 gun surrender orders under its red flag law, equal to nearly half of all its orders since the measure took effect three years ago.

Several experts said it's impossible to come up with an ideal number of red flag orders and misleading to compare states because of the widely varying rates of gun ownership and gun homicides and suicides. Another complicating factor is that some states have stricter gun ownership rules and multiple ways to seize firearms.

Still, experts agreed more could be done to enforce red flag laws given the prevalence of guns and the millions of gun owners that studies suggest could be dangerous to themselves and others.

Several studies suggest red flag laws can be particularly effective in preventing gun suicides, which kill about 20,000 people a year. A Duke University study of Connecticut's first-in-the-nation red flag law in 1999 estimated that for every 10 to 20 surrender orders a life from a potential suicide was saved.

While the impact of red flag laws on homicides is less well researched, studies suggest many mass shootings could be avoided if the laws were implemented aggressively. A study by Everytown for Gun Safety showed perpetrators exhibited dangerous warning signs before more than half of the mass shootings that occurred between 2008-2020.

Amber Clark, a librarian in Sacramento, Calif., might still be alive today if police had acted on a tip that Ronald Seay was armed and dangerous.

The gunman's twin brother called police in 2018 warning that Seay, who had a history of mental illness and trouble with police, was making violent threats and had two semiautomatic pistols. But the police never asked a judge for a gun surrender order, nor did they tell the sibling he could do that himself.

A few weeks later, Seay unloaded 11 bullets into Clark's face and body at pointblank range outside the library where she worked.

"It is obvious to me and my family that the application of California's red flag law in this case would have saved two lives — Amber's and the shooter's — and prevented immeasurable grief," said her husband, Kelly Clark. "My wife would still be alive and the killer would have received the help he needed instead of being condemned to life in prison."

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